LUTC PKT 04-20-1998April 20, 1998
5:30 pm
City of Federal Way
City Council
lAnd Use/Transponation Committee
AGENDA
City Hall
Council Chambers
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC COMMENT (3 minute limit)
4. COMMISSION COMMENT
S. BUSINESS ITEMS
A. SW340th Regional Stormwater Storage Facility
Action Pratt/10 min
85 % Design status Report/Request for
Authorization to Bid
B. Upper WH10 Cross Road Culvert/SeaTac Mall
Action Pratt/10 min
Phase I Drainage Upgrade
C. Utility Agreements for South 312th Street
Information Miller/10 min
Improvement Project
D. South 312th Street/14th Avenue South Pedestrian
Action Perez/10 min
Crossing
E. Downtown Street Standards
Action Roe/30 min
F. Street Tree Replacement Policy
Action Miller/10 min
G. Latecomer's Agreement for Capital Projects
Action Sterbank/10 min
6. FUTURE MEETING AGENDA ITEMS
School Impact Fees
School District Facility Plan
Load Covering Ordinance
Open Cut of ROW vs Boring
Comprehensive Plan Update
Non Residential Design Guidelines
Shoreline Master Program
Wellhead Protection
Weyerhaeuser Annexation
Adult Entertainment Regulations
TIP
South 312th Street, SR99 to 23rd Street South
South 304th Street and Military Road South
1998 Work Program
7. ADJOURN
Committee Members:
Phil Watkins, Chair
Jeanne Burbidge
Mary Gates
City Staff. -
Greg Moore, Director, Community Development Services
Sandy Lyle, Administrative Assistant
253.661.4116
City of Federal Way
City Council
Land Use/Transportation Committee
COMMITTEE OF I'M WROLE
April 6, 19911
5:30pin
City Hall
Council Chambers
In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Mayor Ron Gintz; Council
Member Linda Kochmar; Deputy Director of Community Development Services Kathy McClung; Public Works Director Cary
Roe; Assistant City Attorney Bob Sterbank; Senior Planner Margaret Clark; Administrative Assistant Sandy Lyle; Contracted
Planning Consultant Diane Sheldon.
1. CALL TO ORDER
The meeting was called to order at 5:30pm by Chairman Phil Watkins.
2. APPROVAL OF MINUTES
The minutes of the March 16,1998, meeting were approved as presented.
3. PUBLIC COMMENT
Mr. and Mrs. William Obrien of 31228 3rd Avenue SW commented on a home in their neighborhood with junk cars,
garbage and other filth in the yard. They hoped the City had codes in place to help them deal with the mess and to restore
pride in their neighborhood. Chair Watkins responded that the Committee would be reviewing this and other code
compliance issues as part of the 1998 work program.
4. COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
5. BUSINESS ITEMS
A. SR99 Redevelopment - Discussion on the redevelopment of SR99 was postponed until a meeting in May.
B. CC4 Center Design Standards - As an outcome of recommendations made in 1997 by the Citizens Investment Advisory
Committee (CIRC), design options were presented by staff for upgrading and revitalizing the downtown core. Using
street changes, trees, improved lighting and bus shelters, several ideas for implementing each were shown. Debra
Coates said that this was a once in a lifetime opportunity to create an identifiable city core and frame. Dan Casey
wanted to see the downtown centers and roadways framed by trees. Elaine Mansoor stated that an expensive light
fixture should not be hidden by a tree. Hope Elder agreed and also preferred the gazebo -style bus shelters and
pedestrian sitting areas. Jim Hamilton was encouraged that one day Federal Way will be a unique place. Following
much discussion by the Committee it was agreed to make a recommendation to Council at the April 21, 1998, meeting
to approve a menu of design standards including spun aluminum light standards, meandering sidewalks, sidewalk and
hanging planters, use of tree grates in some places, lights on curbs, low maintenance ground cover, banners and blue
and green Federal Way colors where color is used. The use and maintenance of a gazebo -style bus shelter would be
researched with King County METRO. The Committee requested that cost estimates accompany their recommendation
to Council.
C. 1998 Work Program - A comprehensive list of pending work load was presented to the Committee. Those items the
Committee thought the most important for inclusion in an immediate work plan were Code Compliance issues,
telecommunications, the Comprehensive Plan update, annexations, adult entertainment, transportation issues, changes
to FWCC and all carryforwards. Staff will present a timetable and schedule including the prioritized items at a meeting
scheduled for a later date.
D. Continuation of Sensitive Areas Code Amendment - A chart showing the costs of an inventory of wetlands and streams
was presented. The total cost was approximately $82,000. With Council approval, the City Manager will fund up to
$50,000 of the expense, the remainder to be paid from a grant(s). The Committee so moved/seconded/carried
recommendation of approval to Council. Bruce Harpham stated that streams have a key role in aquifer recharge and
that some aquifers provide recharge for streams. It makes sense that they be surveyed concurrently. He thanked the
Committee for proceeding sensitively and carefully on wetlands issues. Peter Townsend wished to see a wetlands
biologist hired to complete this inventory and hoped that studies would not be duplicated.
E. RTA Transit Center Siting - Chair Watkins moved to amend the agenda to include an executive session. The
Committee recessed the meeting to executive session for fifteen minutes.
6. FUTURE MEETINGS
The next meeting will be held on April 20, 1998.
7. ADJOURN
The meeting was adjourned at 8:lOpm.
I: \LU-TRANS\APR6LUT. SUM
CITY
4OFFM�
Date: April 15, 1998
To: Phil Watkins, Chair
Land Use and Transportation CommitLee
From: Jeff Pratt, Surface Water Managed.
Subject. SW 340th Regional Storm Water Storage Facility -
85% Design Status Report and Request for Authorization to Bid
Background:
The project design has reached the 85% completion point and is therefore submitted for your
consideration. As you may recall, both the Committee and the Council endorsed the proposal
to accelerate this project. The acceleration was suggested by an opportunity to coordinate with
other scheduled construction projects in the immediate area. Currently, design and construction
are both scheduled for 1998.
The proposed drainage facility will be located in the vicinity of SW 340th Street and Hoyt Road
and will service a drainage basin of about 94 acres of developed, primarily residential area. The
drainage basin lies in both Pierce County (about 65 percent) and within the corporate city limits
(about 35 percent). The project's purpose is to reduce the frequency of flooding of homes,
property, and the intersection of SW 340th Street and 35th Avenue SW.
Currently, project design is estimated to be eighty five -percent complete. Included in this
estimate are the following completed tasks:
■ The topographic and property boundary surveys.
■ The Sensitive Area delineations, surveys, and reports.
■ The Environmental Site Assessment (FSA) - Level I.
■ 85 % project design for both the storage facility and the connecting conveyance systems.
■ Property negotiations.
■ SEPA determination and project permitting.
The project budget and 85% cost estimate are provided below for your consideration:
Budget Estimate
Design $96,844 $88,801
Acquisition $146,882 $ 5,000
Construction $774,085 $923,233
(Includes 10% Contingency)
Total $1,017,851 $1,017,034
Due to the fast track nature of this project, SWM requests permission to bid the project
subsequent to completion of the plans and specifications providing that the project cost estimate
does not increase. This will shave a minimum of two weeks time from the overall project
schedule and increase the construction schedule by a corresponding amount. In addition, staff
requests that this item be forwarded to the April 21, 1998 City Council meeting for
consideration.
Recommendation:
Forward the following recommendations to the April 21, 1998 Council meeting for approval:
1) Authorize staff to proceed with design of the SW 340th Regional Storm Water Storage
Facility;
2) If the total final design and specification cost estimate remains the same, authorize staff
to bid the project and return with a request for permission to award the project to the
lowest responsive, responsible bidder.
MS:JTP
K: \SWM\PROJECTS\SW340DET\LUTC85 %. WPD
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 7, 1998
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Jeff Pratt, Surface Water Manager 4
RE: Upper WH10 Cross Road Culvert Upgrade and the SeaTac Mall Detention
Phase I ( Belmor Regional Detention Facility)
100% Design Approval and Authorization to Bid
Backgrounds
The proposed Upper WH10 Cross Road Culvert Upgrade and the SeaTac Mall Detention Phase
I ( Belmor Regional Detention Facility) design has been completed and is hereby presented for
your consideration. As you will recall, SeaTac Mall Detention and Upper WH10 Cross Road
Culvert Upgrades are two projects identified by the City's capital facility plan and approved by
City Council. To achieve an economy of scale the two projects have combined into one plan and
specification set for bidding purposes.
The design and specifications are complete. An overall site plan is attached for your reference.
The Upper WH10 Cross Road Culvert Upgrades will occur in the trunk conveyance culverts along
20th Ave South. These culverts convey flows originating as far north as 5312th Street from many
intensely developed properties including SeaTac Mall.
The approriated project budget along with the 100% Phase I, 85% Phase II, and preliminary
Phase III combined cost estimates are provided below for your consideration. Note that the costs
associated with Phase I have been included in parantheses for your information:
Planning and Design
Property Acquisition
Construction
Construction Management
$ 565,900 ($ 195,900)
$52,000 ($ 47,000)
$3,955,465 ($1,390,938)
$ 464,700 ($ 214,700)
Contingency = 0% Phase I,
10% Phase n, 20% Phase II
Pipe Alignment Modification $ 130,000 ($ 0) possible recovery from others
Hazardous Waste Cleanup
at the existing detention pond
Hazardous Waste Cleanup
in the area of S320th Street
Total
Appropriated Budget
Budget shortfall without
cost recovery
Budget shortfall with
cost recovery
$ 3 32, 090 ($ 0) some possible recovery from others
$ 380,000 ($ 0) possible recovery from others
$5,879,155 ($1,848,538)
$4,855,646 ($1,853,356)
$1,023,509
$ 223,685
includes$174,355ininterestearnings
assumes $130,000+
$289,824+$380,000 =
$799,824 recovered from others
Staff is not requesting a budget adjustment for Phases II or III at this time. The combined project
budget is presented only for your information and tracking purposes. It is the case that the above
estimated Phase II and III costs will be refined as the design, the mutual agreements, and the
extent of contamination are further refined. Additionally, staff has not yet been able to obtain the
cooperation of the property owners to the north 5320th Street. Therefore this portion of the
project is not yet fully evaluated. Staff will return to committee and council at appropriate points
in the process as it unfolds and as budget implications solidify.
The Phase I project is on budget and we anticipate bidding and project award in May.
Construction will commence in June with an estimated subtantial completion date of November
1998. The Phase I project will be bid in separate schedules. One of the schedules deals with
minor channel improvements between South 330th Street and 20th Avenue South. This schedule
is bid separately in order to facilitate its exclusion from the project should it become necessary.
Recommendation
Forward the following recommendation to the April 21, 1998 Council meeting for approval:
Authorize staff to bid the project and return with a request for permission to award the
project to the lowest responsive, responsible bidder.
JP:ms
attachmentcc: Project File
Day File
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CITY OF C�
DATE: April 13, 1998
TO: Phil Watkins, Chair
Land Use and Transportation Committee
FROM: Ken Miller, Street Systems Manager
SUBJECT: Utility Agreements for the South 312th Street Improvement Project
As part of the South 312th Street (SR 99 to 23rd Avenue S) Improvement Project, Puget Sound
Energy (PSE), US West, and Lakehaven Utility District will relocate and/or replace their utility
lines.
In accordance with City Ordinance 91-90, both PSE and US West will convert the utility
distribution lines from overhead to underground. To facilitate the roadway construction, the
services will remain aerial until the homeowners and businesses convert. The costs to the City
for the underground conversions are 30% of the actual costs for PSE, estimated at $60,456.00,
and 100% of the actual costs for US West, estimated at $33,666.00. In addition, the City will
provide a trench for the effected utilities. These reimbursements rates for the conversation project
are the tariffs specified by the Washington Utilities and Transportation Commission.
The watermain along South 312th Street is proposed for replacement by Lakehaven Utility District
as part of this project. The District hired a contractor to design the project but wishes to combine
its plan with the City's. The City will advertise and administer the total project. By using the
same contractor, the City and the District will share in any savings and other benefits in the
public's interest. The total estimated cost for this work and the agreement is $329,052.00. We
have entered into several of these contracts in the past with the District and they have been very
successful.
Place the following recommendations on the May 5, 1998 Council consent agenda:
1. Approve the underground conversion agreement with PSE for $60,456.00 plus a 10%
construction contingency of $6,045.00;
2. Approve the underground conversion agreement with US West for $33,666.00 plus a 10%
construction contingency of $3,366.00;
3. Approve the agreement with Lakehaven Utility District for $329,052.00;
4. Authorize the City Manager to execute the above agreements.
k: 1utc\ 199 8\utilagr.312
DRAFT
UNDERGROUND CONVERSION AGREEMENT
THIS Agreement, dated as of this 12th day of November, 1997, by and between the
CITY OF FEDERAL WAY, Washington, a Municipal Corporation (the "City") and PUGET
SOUND ENERGY, a Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of
electric energy and, pursuant to its franchise from the City, currently distributes electricity
within the City.
B. The City is undertaking a street improvement program at South 312 Street
between Highway 99 and South 23 Ave. South as more specifically identified on work order
number 961303 (the "Conversion Area"). The street improvement program includes the adding
of one lane and sidewalks.
C. The City has expressed a desire to participate with the Company to cause the
existing overhead distribution power system within the Conversion Area to be replaced with a
comparable underground distribution power system utilizing above ground transformers.
D. The parties wish to execute this written contract in accordance with Schedule 71 of
the Company's Electric Tariff G to govern the installation of such a system.
1
AGREEMENT
The Company and the City therefore agree as follows:
1. "Main Distribution System," "Underground Service Lines," and "Trenching and
Restoration" shall have the meaning set forth in Schedule 71.
2. Subject to the availability of equipment and materials, the Company shall furnish
and install a Main Distribution System within the Conversion Area, in accordance with the
Company's standard specifications.
3. Upon connection of those customers to be served by the Main Distribution
System and removal of facilities of any other utilities, which may be connected to the poles of
the overhead system, the Company shall remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area.
4. The City shall, at its expense, perform the following within the Conversion Area,
all in accordance with the Company's specifications.
(a)Trenching (including shoring, flagging and barricades) and Restoration (including
restoration of streets, sidewalks and private property); and
(b) surveying for alignment and grades for vaults and ducts. Other utilities may be
permitted by the City to use City -provided trenches for the installation of their facilities so long
as such facilities or the installation thereof do not interfere with the Company's Main
Distribution System or the installation or maintenance thereof.
(c) The City shall furnish any and all operating rights required by the Company, in a
form or forms satisfactory to the Company, to allow the Company to construct, operate, repair
and maintain the Main Distribution System within the City right-of-ways in the Conversion
4
Area. The Company may postpone performance of its obligations hereunder until it has been
furnished with such operating rights.
5. The City shall, within thirty (30) days after the completion of the work to be
performed by the Company pursuant to paragraphs 2. and 3. above, remit to the Company a
payment of 30% of the actual costs as determined in accordance with Schedule 71. The total cost
is presently estimated at two hundred and one thousand five hundred twenty one dollars
($201,521.00); provided, however, the foregoing estimated amount is subject to change if:
(a) construction has not started within 90 days from the date of this Agreement; or
(b) the conversion is not been completed within six months of the date of this
Agreement; or
(c) the City revises its construction plans in a manner which requires a revision of the
Company's construction plans; or
(d) the Company incurs costs to obtain easements pursuant to subparagraph 8 of this
Agreement.
6. The Company shall own, operate and maintain all electrical facilities installed
pursuant to this Agreement including, but not limited to, the Main Distribution System and
underground services installed by the Company pursuant to this Agreement.
7. Except with respect to those customers for which underground conversion is
determined not to be necessary, the City shall notify all customers within the Conversion Area
that secondary service to such customers must be converted from overhead to underground
service. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company will remove the overhead system and connect such
customer's underground service line to the Main Distribution System.
3
8. The Company shall provide reasonable assistance in obtaining operating rights as
may be necessary to permit the Company to construct, operate, repair, and maintain all electrical
facilities installed by the Company pursuant to this Agreement. The Company shall not be
required to bear the costs of any necessary easements. The cost to the Company of any
easements on privately owned property which the Company must obtain shall be reimbursed in
full by the City pursuant to paragraph 5 above. Such cost shall include, but not be limited to, the
actual cost paid for any easement, staff costs (including overheads) of obtaining such easement
and the actual cost of any fee, permit, attorney fee, court cost, permit fee or survey fees required
by governmental agencies or property owner.
9. The City shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area. The Company
shall not be required to install the Main Distribution System until the area in which such System
is to be installed has been established to grade. Upon performance by the City of the necessary
preliminary work, the City shall give the Company a minimum of ten (10) working days
advance written notice requesting the Company to commence installation of the Main
Distribution System and shall schedule such construction to minimize interference from the
installation of other improvements.
10. The Company's performance hereunder shall be commenced within ten (10) working
days of the date requested in the written notice
pursuant to Paragraph 9 above. The Company shall use reasonable diligence in performing its
work hereunder, but shall not be liable for any delays resulting from circumstances beyond its
control including, but not limited to, failure to receive necessary operating rights pursuant to
paragraphs 4(c) and 8 above. The City agrees that work performed by the Company shall be
scheduled to avoid premium labor charges to the Company. If the Company mutually agrees
4
with the City that the Company's normal straight -time eight hour labor day must be changed
within the hours of 6:00 a.m. to 6:00 p.m., the City must provide sufficient advance notice to
allow the Company to provide MEW Local Union No. 77 with five (5) days advance notice in
accordance with the Company's collective bargaining agreement with the union. Any overtime
labor not included in the original estimate but provided by the Company at the request of the
City may increase the Company's project cost which will result in an increased cost to the City.
11. (a) The City releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of
the City's duties under this Agreement. During the performance of such activities the City's
employees shall at all times remain employees of the City.
(b) The Company releases and shall defend, indemnify and hold the City harmless from
all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to,
reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the
Company's duties under this Agreement. During the performance of such activities the
Company's employees shall at all times remain employees of the Company.
12. This Agreement is subject to the General Rules and Provisions set forth in Tariff
Schedule 80 of the Company's electrical Tariff G and to Schedule 71 of such Tariff, as such
Schedules may be revised from time to time upon approval of the Washington Utilities and
Transportation Commission. Any conflict in terms between this Agreement and the Company's
Schedules 71 and 80 of its tariffs shall be resolved in favor of such tariff provisions.
13. Notwithstanding any provision to the contrary in any franchise agreement now in
place or subsequently entered into by the Company and the City, in the event the City requires
the relocation of any of the facilities installed under this Agreement prior to the expiration of
5
twenty (20) years after completion of the conversion hereunder, the City shall bear the entire
costs of such relocation.
14. Nothing in this Agreement shall in any way affect the rights or obligations of the
Company under any previous agreements pertaining to the existing or future facilities of 115 kV
or greater within the Conversion Area.
CITY OF FEDERAL WAY PUGET SOUND ENERGY
BY BY
ITS ITS Tariff Consultant
Date Signed Date Signed 3 12- c/98
Approved as to form:
6
DRAFT
UNDERGROUND CONVERSION AGREEMENT
This Agreement is dated effective this 1st day of March, 1998. The parties ("Parties") to
this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and
U.S. West Communications, a Washington corporation ("U.S. West").
A. U. S. West is a public service company engaged in the sale and distribution of
electric energy and, pursuant to its franchise from the City, it currently provides
telecommunication services within the City.
B. The City of Federal Way is undertaking a street improvement program at South
312th Street, from SR 99 to 23rd Avenue South ("Project Limits"), in the City of Federal Way,
Washington.
C. The City has expressed a desire to participate with U.S. West to cause the existing
underground and overhead telephone lines to be relocated with a comparable underground system
within the above Project Limits, more specifically located on the North and South side of South
312th Street, from approximately SR 99 to 23rd Avenue South in the City of Federal Way
("Conversion Area").
NOW, THEREFORE, the Parties agree as follows:
1. U.S. West shall furnish and install underground cable, conduit and terminals within
the Conversion Area, in accordance with U.S. West's permit C6WO043 (attached) and standard
specifications (hereinafter "Underground System").
2. Upon connection of those customers to be served by the underground system and
removal of facilities of any other utilities which may be connected to the poles of the overhead
system, U.S. West shall, at its expense, remove the existing overhead system (including
associated wires and U.S. West -owned poles and aerial terminals) within the Conversion Area.
3. The City shall, at its expense, perform the following within the Conversion Area,
all in accordance with U.S. West's specifications, approved by the City.
(a) Trenching (including shoring, flagging and barricades) and restoration
(including restoration of streets, sidewalks and private property);
(b) Surveying for alignment and grades for vaults and ducts. Other utilities may
be permitted by the City to use city -provided trenches for the installation of their facilities so long
as such facilities or the installation thereof do not interfere with U.S. West's underground system
or the installation or maintenance thereof;
(c) Stake all property lines and corners in the Conversion Area; and
COP)
(d) Provide all permits for the work described in this Agreement.
4. The City shall, within thirty (30) days after the completion of the work to be
performed by U.S. West pursuant to paragraphs 1. and 2. above, remit to U.S. West a payment
of Thirty One Thousand and No/100 Dollars ($31,000.00), plus 8.6% sales tax.
5. U.S. West shall own, operate and maintain all telecommunication facilities installed
pursuant to this Agreement including, but not limited to the Underground System installed by U.S.
West pursuant to paragraphs 1 and 6 of this Agreement.
6. Except with respect to those customers for which underground conversion is
determined not to be necessary, the City shall notify all customers within the Conversion Area that
secondary service to such customers must be converted from overhead to underground service.
Upon the request of any customer, other than a single family residential customer, within the
Conversion Area, U.S. West will remove the overhead system and connect such customer's
underground service line to the Main Distribution System.
7. The City shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area. U.S. West shall
not be required to install the Underground System until the area in which such System is to be
installed has been established to grade. Upon performance by the City of the necessary
preliminary work, the City shall give U.S. West reasonable advance written notice requesting
U.S. West to commence installation of the Underground System and shall schedule such
construction to minimize interference from the installation of other improvements.
8. U.S. West's performance hereunder shall be commenced within a reasonable time
following receipt of the written notice pursuant to paragraph 7. U.S. West shall use reasonable
diligence in performing its work hereunder, but shall not be liable for any delays resulting from
circumstances beyond its control including, but not limited to, failure to receive necessary
operating rights pursuant to paragraph 9 below. If the Parties mutually agree that U.S. West's
normal straight -time eight hour labor day must be changed, the City must provide sufficient
advance notice to U. S. West. Any overtime labor not included in the original estimate but
provided by U.S. West at the written request of the City may increase U. S. West's project cost
which will result in an increased cost to the City; provided, however, that unless the Parties
mutually agree otherwise, such increase shall not exceed ten percent (10%) of the amount set forth
in paragraph 4.
9. The City shall furnish any and all operating rights required by U.S. West, which
are consistent with its franchise, in a form or forms satisfactory to U.S. West, to allow U.S. West
to construct, operate, repair and maintain the communications system within the City right-of-
ways in the Conversion Area. U.S. West may postpone performance of its obligations hereunder
until it has been furnished with such operating rights.
2
10. (a) The City releases and shall defend, indemnify and hold U.S. West harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of
the activities set forth in this Agreement to the extent solely caused by the negligent acts, errors
or omissions of the City, its employees or agents.
(b) U.S. West releases and shall defend, indemnify and hold the City, its elected
officials, officers, employees, agents, and volunteers harmless from all claims, losses, harm,
liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees)
caused by, arising out of or in connection with the performance of the activities set forth in this
Agreement to the extent solely caused by the negligent acts, errors, or omissions of U.S. West,
its employees or agents.
11. In the event the City requires the relocation of any of the facilities installed under
this Agreement on private property not within a city right-of-way prior to the expiration of twenty
(20) years after completion of the conversion hereunder, the City shall bear the entire costs of
such relocation.
12. Nothing in this Agreement shall in any way affect the rights or obligations of U.S.
West or the City under any previous agreements pertaining to the existing or future facilities
within the Conversion Area.
13. During the performance of all activities described in this Agreement, neither the
City's nor U.S. West's employees shall be considered employees of the other Party.
US WEST COMMUNICATIONS, INC.
By:
(Name)
Its:
(Title)
Developer Contact Group
P.O. Box 1720
Denver, CO 80201
(303) 707-7363
CITY OF FEDERAL WAY
Lm
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
pw K:\contract\012dimnd
4/4/97 jd
Kenneth E. Nyberg, City Manager
33530 1st Way South
Federal Way, WA 98003
4
DRAFT
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE SOUTH 312th STREET V"ROVEMENT PROJECT
(FROM HWY 99 TO 23RD AVENUE SOUTH)
THIS AGREEMENT is made and entered into by and between the City of Federal Way
(hereinafter "City") and Lakehaven Utility District (hereinafter "District").
WHEREAS, the City proposes to proceed with the South 312th Street Improvement
Project, from Hwy 99 to 23rd Avenue South (hereinafter "Project"); and
WHEREAS, the District provides water and sewer service in the general area of the
Project in accord with applicable Washington State and City of Federal Way laws, regulations and
franchises; and '
WHEREAS, in connection with the roadway improvements being undertaken by the City,
the District will be required to install a new water main and associated appurtenances within the
Project area; and
WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other entities
to provide services in a manner best serving the needs and development of their local
communities; and
WHEREAS, the District can achieve cost savings and other benefits in the public's interest
by contracting with the City to perform certain services for the District, including letting a public
works construction contract for the installation of the water improvements in connection with the
Project (hereinafter "District Work"), and providing construction management services in support
thereof;
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows:
I. DESIGN,
The District shall provide the City reproducible construction drawings, special
contract provisions, and other necessary documents which shall sufficiently detail requirements
for the District Work to become a part of the plans and specifications for the Project. The design
work shall be performed by the District's design contractor.
A. It is the intention of the City and the District that the District plans and
specifications shall be incorporated into the Contract Bid Documents for the Project in such
manner as to allow, to the extent possible, identification of cost allocations between the Parties.
B. Following opening of construction bids on the Project, the District shall be
furnished with the bid prices submitted for the District Work for the District's approval. Within
three (3) weeks of receiving the bid prices, the District shall notify the City in writing that the
District either approves or rejects their portion of the bid award. Bid award shall be made to the
lowest responsible bidder for the total Project subject to applicable laws and regulations. The City
shall not proceed with the District Work until the City has received approval from the District for
its portion of the bid award. Should the District determine not to proceed and so informs the City,
the District work shall be deleted from the project contract and, in this event, the City shall
proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the
date of the District's notice to the City of the District's rejection of all bids.
A. The City shall provide the necessary administrative, construction
management services coordination and clerical services necessary for the execution of the Project.
In providing such services, the City Public Works Director and/or his or her designee may
exercise all the powers and perform all the duties vested by law in him or her. The District grants
to the City Public Works Director and/or his or her designee authority to act on behalf of the
District sufficient to carry out the provisions of this Agreement.
B. The District shall furnish a construction observer to ensure proper
compliance with requirements during installation of the District Work. The District's construction
observer shall advise the City of any deficiencies noted. The District's construction observer,
however, shall not communicate directly with or instruct the contractor directly on any matters
regarding contract performance.
C. The District shall notify the City, in writing, of any changes it wishes to
make in the plans and specifications which affect the District Work, which changes shall be made,
if feasible. The City shall notify the District, in writing, of any changes required of the District
Work and shall obtain the District's approval of such changes. The District's approval shall not
be unreasonably withheld. The District shall be responsible for all costs incurred, directly or
indirectly, as a result of these or any other changes required or requested by the District.
A. The District shall reimburse the City for all costs incurred by the City in
performing the District Work, which costs shall include but are not limited to the District Work
performed by the Project contractor(s), all District requested changes, and the District's cost of
the City services described in Paragraph III(a) herein, prorated as described in Exhibit A.
B. All payments shall be due from the District to the City within thirty (30)
days of the billing date. Amounts unpaid after thirty (30) days shall accrue interest at a rate of
one (1) percent per month.
Page 2
I►1• ul►II : V M MA ►Io . • 111: G1 W31 9J ►Y►�
A. The City agrees to indemnify and hold the District, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from,
or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions
of the City, its partners, shareholders, agents, employees, or by the City's breach of this
Agreement.
B. The District agrees to indemnify and hold the City, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from,
or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions
of the District, its partners, shareholders, agents, employees, or by District's breach of this
Agreement.
The provisions of this paragraph shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
A. The City shall retain ownership and usual maintenance responsibility for the
roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other
appurtenances related thereto.
B. Following completion of the construction and City's acceptance of the
Project as fully constructed according to plans, specifications and change orders, the City shall
provide a Bill of Sale transferring ownership of the water mains and appurtenances to the District
and the District shall thereafter be responsible for maintenance of such facilities.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by both
Parties.
D. This Agreement shall be in full force and effect from the date of signature
by all Parties to the date the City completes the Final Inspection upon completion of the Project
and may be extended for additional periods of time upon mutual written agreement of the City and
District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
E. Any provision of this Agreement which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
Page 3
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that
the work as set forth herein will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written.
CITY OF FEDERAL WAY
Kenneth E. Nyberg, City Manager
Date:
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
k: \streets\pMocts\312dAwata=.1ud
1/13/98
Page 4
LAKEHAVEN UTILITY DISTRICT
General Manager
Date:
APPROVED AS TO FORM:
General Counsel, Steven H. Pritchett
EXHIBIT "A"
S 312th STREET IMPROVEMENT PROJECT
(FROM HWY 99 TO 23RD AVENUE SOUTH)
ESTIMATED CONSTRUCTIONAND CONSTRUCTION MANAGEMENT
COSTS INCLUDING LAKEHAVEN UTILITY DISTRICT WATERMAIN
Tota/ Watermain
Project Portion
CONSTRUCTION
Streets Construction Costs 2,041,913
Watermain Estimate 02.9% of total
project estimate) 263,383
Sales Tax 8.6% 24,916
Total Project Construction Management 306,287
(15% of construction 2,041,913)
Watermain Estimate for Construction
Management (5.0% of $288,299)
District to provide watermain Inspector and
construction survey. 14,415
10% Construction Contingency 204"191 26.338
Total Estimated Project Costs 2,552,391
Total Estimate/Watermain Portion 329,052
Note: Costs represented are estimates only. Actual costs incurred will be used to
calculate final cost of Lakehaven Utility District's watermain portion for reimbursement
to the City.
Ustreets\projects\312th\weterm2.1ud
1/13/98
Page 5
CITY
!,OF
DATE: April 15, 1998
TO: Phil Watkins, Chair
Land Use and Transportation Committee
FROM: Richard A. Perez, City Traffic Engineer
SUBJECT: So 312th StreeV14th Avenue So Pedestrian Crossing
The City Council and staff received a petition requesting pedestrian safety improvements at the
above intersection as well as increased enforcement of speed limits and pedestrian laws on South
312th Street following a pedestrian injury accident to Federal Way High School student. Traffic
Division staff reviewed the accident history for this location and performed traffic volume
counts. 15 accidents, 5 of which involve pedestrians, occurred at this intersection over a three
year period. A neighborhood meeting was held at Mirror Lake Elementary School on Thursday,
March 19th, where the group was informed that the intersection currently meets warrants for
a traffic signal.
In order to construct the signal, estimated at $180,000, the project would have to be added to
the Six Year Transportation Improvement (TIP) Program before grant funding could be obtained.
Staff will propose this addition to the 1999-2004 TIP. In the interim, staff proposes to install
a pedestrian -actuated flasher installed on spare traffic signal mast arm poles which would be
located to be useable with future full signalization. The cost to install an interim flasher is
estimated between $25,000 and $35,000, and would require 2 to 3 months to construct.
Since this project has not been budgeted, staff proposes to use existing Public Works operations
funds assuming that there is a surplus at the close of the 1998 budget year. If no surplus exists,
the remainder could be funded from the City Manager's contingency fund.
More immediately, staff has issued a work order to King County to install larger pedestrian
warning signs and restripe the crosswalk at this intersection to heighten visibility. These
improvements should be installed within the next month.
RP7g
k: hAc\1998\312dVW.
There were no packet materials submitted for item "E,"
Downtown Street Standards,
or for item "F," Street Tree Replacement Policy.
CITY OF G
f 11000,
DATE: April 15, 1998
TO: Phil Watkins, Federal Way Land Use Committee Chair
FROM: Cary M. Roe, P.E., Director of Public Works
F�
Stephen Clifton, AICP, Development Services Mana
SUBJECT: Latecomers Agreement for Lake 6
In 1997, improvements to Lake 6 were completed to accommodate and receive surface water
runoff from two properties, i.e., 348th Street Professional Building and St. Francis Medical
Office Building depicted as Owner Properties on Exhibit A of the attached proposed ordinance.
Specifically, the improvements include construction of drainage facilities and a 20 -foot earthen
berm to improve storage capacity for the drainage basin in the surrounding area. Improvements
were completed by R & F properties and Medical Real Estate Services L. L. C ("Owners") . Within
the drainage basin, additional undeveloped properties drain towards and into Lake 6; these
properties are depicted as Benefiting properties on Exhibit A of the attached proposed ordinance.
These properties benefit from the Lake 6 improvements because future development of the
Benefiting parcels require storm drainage detention and the developers will have the option of
draining to Lake 6 or providing on-site detention.
Pursuant to RCW 35.72 and FWCC 20-210, the City may establish an assessment reimbursement
area and enter into a latecomers agreement to provide for partial reimbursement to property
"Owners" who bear the initial cost of constructing the Lake 6 improvements. The "Owners' have
requested that the City do so, and agree to enter into a latecomers agreement, to provide the
opportunity for other property owners to partially reimburse the "Owners" for a portion of the
Improvements' cost and expenses. Attached you will find an Ordinance and Latecomers
Agreement for Lake 6 to accomplish this.
Federal Way Staff requests that the Land Use and Transportation Committee recommend that the
City Council adopt the proposed ordinance establishing an assessment reimbursement area and
authorizing the City Manager to execute the latecomers agreement with R & F Properties and
Medical Real Estate Service L.L.C.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING AN ASSESSMENT
REIMBURSEMENT AREA AND AUTHORIZING EXECUTION OF
A LATECOMER'S AGREEMENT TO PROVIDE PARTIAL
REIMBURSEMENT FOR THE COST OF IMPROVEMENTS TO
REGULATED LAKE NO. 6
WHEREAS, R&F Properties, a Washington general partnership, and Medical Real
Estate Services L.L.C., a Washington limited liability company ("Owners"), are the owners of certain
real property located in the vicinity of Regulated Lake No. 6 ("Lake 6"), near 9th Avenue South and
South 348th Street in Federal Way, Washington; and
WHEREAS, the Owners have completed a street project, as defined in RCW
35.72.020(4), at their expense near their property and adjacent to Lake 6; and
WHEREAS, the project includes storm drainage facilities, including detention facilities
and a 20 -foot earthen berm to Lake 6 ("Improvements!% which are more specifically described in the
Off -Site Improvements Lake No. 6, Sheets 1 and 2, on file with the City of Federal Way in File No.
BLD 92-2359; and
WHEREAS, the construction and installation of the Improvements was in the
public interest; and
WHEREAS, certain parcels of real property ("Benefitted Properties") adjacent to
or near the Owners' Property will receive benefits from the Improvements, because future
development of those parcels will require storm drainage detention that can be provided by the
Improvements; and
ORD # , PAGE 1
WHEREAS, The Owners have paid all costs and expenses, totaling Seventy-eight
Thousand, eight hundred thirty-nine and 78/100's dollars ($78,839.78) ("Total Cost"), for the
construction and installation of the Improvements; and
WHEREAS, there are no adjoining property owners presently available to share in
the cost and expenses of the Improvements; and
WHEREAS, RCW 35.72 and Federal Way City Code ("FWCC") FWCC 20-206 -
20-214 permit the City to establish assessment reimbursement areas and enter into "latecomers"
agreements to provide for partial reimbursement to property owners who bear the initial cost of
street projects which benefit other property owners; and
WHEREAS, in return for construction of the Improvements at their sole cost and
expense, the Owners have requested that the City agree to enter into a latecomers agreement, to
provide the opportunity for other property owners to partially reimburse the Owners for a portion
of the Improvements' costs and expenses; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The Federal Way City Council hereby adopts the following
findings of fact:
A. All recitals stated above are hereby adopted as findings of fact.
B. In response to the Owners' request, the City prepared a preliminary
Assessment Reimbursement Area indicating which parcels have benefitted from construction of
the Improvements. The Assessment Reimbursement Area is shown on Exhibit A attached to this
Ordinance.
ORD # , PAGE 2
C. The Benefitted Properties are legally described as shown in Exhibit B attached
to this Ordinance.
D. On January 16, 1998, the City provided notice, via certified mail (return
receipt requested) and pursuant to RCW 35.72.040(2) and FWCC 20-209, to the owners of the
Benefitted Properties.
E. No owner of a Benefitted Property requested a public hearing.
F. Adoption of an Assessment Reimbursement Area and authorization of the
City's entry into a latecomers' agreement will further the public health, safety and welfare of the
citizens of the City of Federal Way, because it will make additional surface water detention
capacity available for other properties at an reasonable cost, thus providing additional flood
protection as well as an incentive for additional economic development.
Section 2. Adoption of Assessment Reimbursement Area. Pursuant to RCW
35.72.040 and FWCC 20-210, the City Council hereby adopts the Lake No. 6 Assessment
Reimbursement Area, as shown on the map attached as Exhibit A to this Ordinance.
Section 3. Authorization to City Manager to Execute Latecomers' Agreement. In
consideration for the Owners' construction of the Improvements at their sole cost and expense,
and pursuant to RCW 35.72.010, .030 and .040 and FWCC 20-210, the City Council hereby
authorizes the City Manager to execute a latecomers' agreement in substantially the form attached
hereto as Exhibit C with R&F Properties and Medical Real Estate Services L.L.C. The
latecomers' agreement shall require owners of the Benefitted Properties to pay, upon
development, their pro rata shares of the Total Cost of the Improvements. The pro rata share
shall be determined according to the formula set forth in Paragraph 2.2 of Exhibit C.
ORD# ,PAGE3
Section 4. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
1998.
ATTEST:
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD # , PAGE 4
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
KAORDMatecomelk6
ORD # , PAGE 5
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LEGAL DESCRIPTIONS
BENEFITED PROPERTIES
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility
Job No. 265-12-940-005
LEGAL DESCRIPTION
(Taxpayer: James E. Hurt)
Tax Parcel Numbers:
926480-0060-02
926480-0070-00
Lots 6 and 7 of "West Campus Business Park" according to the plat thereof filed in Volume 97
of Plats, Pages 78 through 82, inclusive, Records of King County, Washington.
Written by: MRB
Checked by: C.A.F.
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N 29294
1pNA` LANA g
EXPIRES: /-18 -9Q
\\esm\sys\esm jobs\265\12\document\265121.doc
720 South 348th Street • Federal Way, Washington 98003
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104
ESM inc. 2
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility Tax Parcel Number:
Job No. 265-12-940-005 926480-0010-03
LEGAL DESCRIPTION
(Taxpayer: Waller Road Associates IV)
THAT portion of the northeast quarter of the southwest quarter of Section 20, Township 21
North, Range 4 East, W.M., more particularly described as follows:
COMMENCING at the southwest corner of Lot 2 of "West Campus Business Park"
according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive,
Records of King County, Washington;
THENCE along the westerly line of said Lot 2, N 01'14'49" E, 329.00 feet to the TRUE
POINT OF BEGINNING;
THENCE continuing along said easterly line, N 01114'49" E, 168.26 feet;
THENCE S 88026'19" E, 297.60 feet;
THENCE S 01014'49" W, 14.30 feet;
THENCE S 25002'15" E, 167.76 feet;
THENCE S 71058'57" E, 19.08 feet;
THENCE S 01016'17" W, 1.04 feet;
THENCE 71058'57" W, 15.95 feet;
THENCE N 88044'52" W, 374.88 feet to the TRUE POINT OF BEGINNING.
ALSO KNOWN as Lot 1 of unrecorded King County Lot Line Ad•ustment Numbe
8906016, as approved August 31, 1989.
R.
...............
Written by: MRB t� �C�': 'pV %�Stj�`�f
Checked by: C.A.F.
I ' T `s
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51 F.
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.......• •• MSC,
-
f:\esm jobs\265\12\document\265123.doc
EXPIRES'
720 South 348th Street • Federal Way, Washington 980 - r cy�.yrti�` y
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 9 Seattle (206) 623-5911 • Fax: (206) 838-7104
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility
Job No. 265-12-940-005
LEGAL DESCRIPTION
(Taxpayer; TSS LLC)
Tax Parcel Number:
202104-9101-06
The south 400.00 feet of the east 100.00 feet of the east half of the west half of the northwest
quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King
County, Washington;
EXCEPT the south 50.00 feet for South 348th Street;
TOGETHER WITH that portion of Lot 4 of "West Campus Business Park" according to the plat
thereof recorded in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County,
Washington, lying northerly and northeasterly of the following described line;
COMMENCING at the northwest corner of said Lot 4;
THENCE southerly along the easterly margin of 9th Avenue South, S 01'21'10" W,
115.00 feet to the TRUE POINT OF BEGINNING;
THENCE S 88039'49" E, 187.69 feet to a point of curvature;
THENCE southeasterly 94.26 feet along the arc of a tangent curve to the right, through a
central angle of 90°00'59" to the easterly line of said Lot 4 AND the terminus of said
line.
ALSO KNOWN as Lot 2 of unrecorded King County Lot Line Adjustment Number 8812010 as
approved May 2, 1989.
Written by: MRB L R. �\
Checked by: C.A.F. G �' of �1� '�•
O ,. O
*% 2 94 Q . �?•
sloNAl�`A� 5�
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\\esm\sys\esm-jobs\265\ 12\document\2 EXPIRES: —/8'
720 South 348th Street • Federal Way, Washington 98003
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104
After Recording, return to:
City of Federal Way Public Works Department
Attn: Stephen Clifton
335301st Way South
Federal Way, WA 98003
Permit Number
LATECOMERS AGREEMENT
FOR
DRAINAGE 1WROVEMENTS
THIS LATECOMERS AGREEMENT ("Agreement") is made between the City of Federal
Way, a Washington municipal corporation ("City"), on the one hand, and R&F Properties, a
Washington general partnership, and Medical Real Estate Services L.L.C., a Washington limited
liability company ("Owners"), on the other, referred to collectively herein as "the Parties."
A The Owners are the owners of certain real property located in Federal Way, Washington,
legally described in Exhibit "A" attached hereto and incorporated herein by this reference ("Owners'
Property").
B. The Owners have completed a street project, as defined in RCW 35.72.020(4) at their
expense and on and/or near Owners' property. The street project includes storm drainage facilities,
including detention facilities and a 20 -foot earthen berm to Lake No. 6 ("Improvements"). The
Improvements are more specifically described in the Off -Site Improvements Lake No. 6, Sheets 1 and
2, on file with the City of Federal Way in File No. BLD 92-2359.
C. Certain parcels of real property adjacent to or near the Owners' Property will receive
benefits from Improvements, because future development of the parcels will require storm
drainage detention that can be provided by the Improvements. The benefitted property is legally
described in Exhibit "B" attached hereto and incorporated herein by this reference ("Benefitted
Properties").
D. There are no adjoining property owners presently available to share in the cost and
expenses of the Improvements.
E. The construction and installation of the Improvements was in the public interest.
F. The Owners have paid all costs and expenses, totaling Seventy-eight Thousand, eight
hundred thirty-nine and 78/100's ($78,839.78) ("Total Cost"), for the installation of such
improvements.
-1-
�.x
G. In return for the Owners' construction of the Improvements at their sole cost and
expense, the Owners have requested that the City agree to enter into an agreement pursuant to
FWCC 20-206 - 20-214 and RCW 35.72, to provide the opportunity for other property owners to
partially reimburse the Owners for a portion of the Improvements' costs and expenses.
H. In response to the Owners' request, the City prepared a preliminary Assessment
Reimbursement Area in which the Benefitted Properties are located, and provided notice to the
owners of the Benefitted Properties by certified mail on January 16, 1998, pursuant to RCW
35.72.040(2) and FWCC 20-209.
I. No owner of a Benefitted Property requested a public hearing within twenty (20) days
of the date of the notice.
J. On , the Federal Way City Council adopted Ordinance No. 98 -
establishing an Assessment Reimbursement Area comprised of the Owners' Property and the
Benefitted Properties, and formally adopting the method of calculation of the Benefitted
Properties' owners' pro rata shares of the Total Cost.
I. In consideration for the Owners' construction of the Improvements at their sole cost
and expense, and in furtherance of the purpose of Ordinance No. 98-______, the City agrees to
enter into this agreement to provide the opportunity for other property owners to partially
reimburse the Owners for a portion of the Improvements' costs and expenses.
NOW THEREFORE, the parties agree as follows:
1. Assessment Reimbursement Area. The Assessment Reimbursement Area shall be
that area established by Ordinance No. 98-___, as shown on the map attached as Exhibit C.
2. Reimbursement.
2.1 Latecomer's Obligation to Reimburse. Any owner of the Benefitted Properties
("Latecomer"), who: (1) did not contribute to the original cost of the Improvements; (2) elects to
develop his or her respective property within the term of this agreement; and (3) at the time of
development is not required to install any drainage improvements as a result of the Owners'
installation of the Improvements; shall not be granted a permit for the development without first
paying to the City (in addition to any and all other costs, fees, and charges associated with
permits, inspections or for street, signalization, and lighting improvements) his or her pro rata
share of the Total Cost of the Improvements. A Latecomer's pro rata share shall be determined
as provided in Subsection 2.2 below.
2.2 Pro Rata Share. A Latecomer's pro rata share of the Total Cost shall be determined
by the Public Works Director or his or her designee, using the square footage method shown
below. Under the square footage method, a Latecomer's pro rata share shall be the Total Cost
multiplied by the ratio of the total square footage of a Latecomer's property to the total square
footage of the Assessment Reimbursement Area.
-2-
Total square footage of Latecomer's property = X
Total square footage of Assessment Reimbursement Area = Y
Total Cost = $78,839.78
Pro rata share = S
X/Y x $78,839.78 = S
The decision of the Director of Public Works or his or her designee in determining the
amount due from any Latecomer shall be final, conclusive and not subject to appeal.
3. PPUment to Owner. The City agrees to pay all amounts received from Latecomers to
the Owners ("Latecomer's Fees") within thirty (30) days after receipt thereof, subject to the
following:
3.1 The Owners shall be responsible for informing the City of their current and correct
mailing address. The City shall make a good faith effort to locate the Owners and in the event the
City is unable to do so, the Latecomers' Fees shall be deposited in a Special Deposit Fund, to be
held by the City for a period of up to two (2) years following the City's receipt of the fees. The
City shall be entitled to interest on any Latecomers' Fees held in the Special Deposit Fund. At
any time within this two (2) -year period, the Owners may receive the Latecomers' Fees, without
interest, by requesting the fees and notifying the City of the Owners' then current mailing address.
After the expiration of the two (2) -year period, all rights of the Owners to any Latecomer's Fees
shall terminate, and the City shall be deemed to be the owner of such funds. The Owners hereby
assign to the City all of the Owners' right, title and interest in and to any Latecomer's Fees in the
event the City is unable to locate the Owners to tender the same and the Owners do not notify the
City as provided herein within the two (2) -year period.
3.2 The City shall not collect any Latecomers Fees after the expiration of the Term of
this Agreement.
4. Term/ExtensioeAereement. The term of this Agreement is for a period of ten
(10) years, commencing the date this Agreement is recorded and terminating ten (10) years
thereafter; provided, however, that if authorized by the Federal Way City Council, this Agreement
may be extended for one (1) additional five (5) year period. The extension may be granted upon a
written request by the Owner prior to the expiration of the initial ten (10) year period.
5. Drainage System - Title to Improvements. The Owners agree that the
Improvements are part of the storm water drainage system of the City. The Owners hereby
transfer to the City all of the Owners' right, title and interest remaining in and to the
Improvements. The City reserves the right, without affecting the validity or terms of this
Agreement, to make or cause to be made extensions to or additions of the Improvements, without
liability on the part of the City.
6. Re or in . The Owners shall record this Agreement with the King County
Auditor's Office within thirty (30) days of execution of this Agreement by the City and the
MIE
Total square footage of Latecomer's property = X
Total square footage of Assessment Reimbursement Area = Y
Total Cost = $78,839.78
Pro rata share = S
X/Y x $78,839.78 = S
The decision of the Director of Public Works or his or her designee in determining the
amount due from any Latecomer shall be final, conclusive and not subject to appeal.
3. Payment to Owner. The City agrees to pay all amounts received from Latecomers to
the Owners ("Latecomer's Fees") within thirty (30) days after receipt thereof, subject to the
following:
3.1 The Owners shall be responsible for informing the City of their current and correct
mailing address. The City shall make a good faith effort to locate the Owners and in the event the
City is unable to do so, the Latecomers' Fees shall be deposited in a Special Deposit Fund, to be
held by the City for a period of up to two (2) years following the City's receipt of the fees. The
City shall be entitled to interest on any Latecomers' Fees held in the Special Deposit Fund. At
any time within this two (2) -year period, the Owners may receive the Latecomers' Fees, without
interest, by requesting the fees and notifying the City of the Owners' then current mailing address.
After the expiration of the two (2) -year period, all rights of the Owners to any Latecomer's Fees
shall terminate, and the City shall be deemed to be the owner of such funds. The Owners hereby
assign to the City all of the Owners' right, title and interest in and to any Latecomer's Fees in the
event the City is unable to locate the Owners to tender the same and the Owners do not notify the
City as provided herein within the two (2) -year period.
3.2 The City shall not collect any Latecomers Fees after the expiration of the Term of
this Agreement.
4. Term/Extension of Agreement. The term of this Agreement is for a period of ten
(10) years, commencing the date this Agreement is recorded and terminating ten (10) years
thereafter; provided, however, that if authorized by the Federal Way City Council, this Agreement
may be extended for one (1) additional five (5) year period. The extension may be granted upon a
written request by the Owner prior to the expiration of the initial ten (10) year period.
5. Drainage System -Title to Improvements. The Owners agree that the
Improvements are part of the storm water drainage system of the City. The Owners hereby
transfer to the City all of the Owners' right, title and interest remaining in and to the
Improvements. The City reserves the right, without affecting the validity or terms of this
Agreement, to make or cause to be made extensions to or additions of the Improvements, without
liability on the part of the City.
6. Recording. The Owners shall record this Agreement with the King County
Auditor's Office within thirty (30) days of execution of this Agreement by the City and the
-3-
Owners. The Owners shall pay all costs of recording.
7. Enforcement. The City does not assume or bear any responsibility to enforce this
Agreement. This Agreement will be a matter of public record and will serve as a notice to all
potential Latecomers. The Owners shall be responsible to monitor those parties enjoying the
Improvements. In the event the City becomes aware of a Latecomer, it will use its best efforts to
collect the Latecomer's Fee, but shall not incur any liability to Owners or others should it fail to
collect such fee.
8. Indemnification. The Owners agree to indemnify, hold harmless, and agree to defend
the City, its elected officials, officers, employees, agents, and volunteers from any and all claims,
demands, losses, actions and liabilities (including Latecomer's Fees, costs and all attorney fees) to
or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this Agreement or
the construction or installation of the Improvements.
9. Equal Opportunity Employer.
In all of the Owners' activities, hiring and employment made possible by or resulting from
this Agreement, there shall be no discrimination against any person because of sex, sexual
orientation, age (except minimum age and retirement provisions), race, color, creed, national
origin, marital status or the presence of any sensory, mental or physical handicap, unless based
upon a bona fide occupational qualification.
10. General Provisions.
10.1 Entire Agreement. This Agreement contains all of the agreements of the
parties and no prior agreements or understandings pertaining to any such matters shall be
effective for any purpose.
10.2 Modification. No provision of this Agreement may be amended or added
to except by agreement in writing signed by the parties.
10.3 Full Force and Effect. Any provision of this Agreement which is declared
invalid, void or illegal shall in no way affect, impair, or invalidate any other provision
hereof and such other provisions shall remain in full force and effect.
10.4 Covenant Running With the Land. This Agreement shall inure and be for
the benefit of the Owners and the Benefitted Properties' owners, and the benefits and
burdens of this Agreement shall be a covenant running with the land and be binding upon
R&F Properties, Medical Real Estate Services, L.L.C., the City of Federal Way, and the
owners of the Benefitted Properties, and each and every of their respective successors in
interest, heirs, beneficiaries or assigns.
-4-
10.5 Attorncy Fees. In the event either parry defaults on the performance of
any terms in this Agreement, and this Agreement is placed in the hands of an attorney, or
suit is filed, the prevailing party shall be entitled to an award of its reasonable attorneys'
fees, costs and expenses, subject to the provisions of Paragraph 8 above. The venue for
any dispute related to this Agreement shall be King County, Washington.
10.6 No Waiver. Failure of the City to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with,
shall not waive such breach or default. Failure of the City to declare one breach or default
does not act as a waiver of the City's right to declare another breach or default.
10.7 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
10.8 Authority. Each individual executing this Agreement on behalf of the City
and the Owners represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the Owners or the City.
10.9 Notices. Any notices required to be given by the City to the Owners or by
the Owners to the City shall be delivered to the parties at the addresses set forth below.
Any notices may be delivered personally to the addressee of the notice or may be
deposited in the United States mail, postage prepaid, to the address set forth herein. Any
notice so posted in the United States mail shall be deemed received three (3) days after the
date of mailing.
If to the City, to:
Public Works Director
City of Federal Way
33530 - 1st Way South
Federal Way, WA 98003
(253) 661-4000
If to R&F Properties, to:
Robert D. Scholes
R&F Properties (DBA Emerald Professional Center, LLC)
720 South 348th Street
Federal Way, WA 98003
(253) 838-6113
ME
If to Medical Real Estate Services, L.L.C., to:
Steve Skony
105 Central Way, Suite 203
Kirkland, WA 98033
10.10 Captions. The respective captions of the paragraphs of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect in any respect any of the provisions of this Agreement.
10.11 Warranty. The Owners warrant that: (1) they are the fee simple owners of
the property legally described in Exhibit A, and have the legal ability to encumber that
property through this Agreement; (2) all work performed in connection with the
Improvements fully complies with all applicable federal, state and City laws, including
without limitation all City codes, ordinances, resolutions, policies, standards and
regulations; (3) all expenses and claims in connection with the construction and installation
of the Improvements, whether for labor or materials, have been or will be paid in full by
the Owners; and (4) the total cost of construction of the Improvements is equal to
Seventy-eight Thousand, eight hundred thirty-nine and 78/100's ($78,839.78) ("Total
Cost").
DATED this day of , 19,
CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg, City Manager
33530 1st Way South
Federal Way, WA 98003
ATTEST:
City Clerk, N. Christine Green, CMC
SM
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
OWNER
R&F Properties
(Signature)
(Print Name)
(Address)
OWNER
Medical Real Estate Services, L.L.C.
(Signature)
(Print Name)
(Address)
CITY NOTARIZATION
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing before me and
making this acknowledgment is the person whose true signature appears on this document.
-7-
On this day of , 19, before me personally appeared Kenneth
E. Nyberg, to me known to be the City Manager of the City of Federal Way, a municipal
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
WITNESS my hand and official hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My commission expires
-8-
OWNER NOTARIZATION
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing before me and
making this acknowledgment is the person whose true signature appears on this document.
On this day of , 19 , before me personally appeared
to me known to be the of R&F
Properties (DBA Emerald Professional Center, LLC, that executed the within and foregoing
instrument, and acknowledged the said instrument his/her free and voluntary act and deed, for the
uses and purposes therein mentioned, and on oath stated that he/she has executed said instrument.
WITNESS my hand and official hereto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My commission expires
OWNER NOTARIZATION
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing before me and
making this acknowledgment is the person whose true signature appears on this document.
On this day of '19 , before me personally appeared
to me known to be the of Medical
Real Estate Services, L.L.C. that executed the within and foregoing instrument, and
acknowledged the said instrument his/her free and voluntary act and deed, for the uses and
purposes therein mentioned, and on oath stated that he/she has executed said instrument.
WITNESS my hand and official hereto affixed the day and year first above written.
Upubwork\latecome.16
Notary Public in and for the State of
Washington, residing at
My commission expires
mom
LEGAL DESCRIPTIONS
OWNER' S PROPERTY
ESM inc. 0
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility
Job No. 265-12-940-005
LEGAL DESCRIPTION
(Taxpayer: R & F Properties)
Tax Parcel Numbers:
202104-9132-09
202104-9154-02
Parcel 1 of City of Federal Way Lot Line Elimination No. 96-0001 filed under Recording No.
9605080902, Records of King County, Washington;
Written by: MRB
Checked by: C.A.F.
f:\esm-iobs\265\ 12\document\265124.doc
720 South 348th Street • Federal Way, Washington 98003
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility
Tax Parcel Number:
Job No. 265-12-940-005 750451-0050-03
LEGAL DESCRIPTION
(Taxpayer: St. Francis Medical Center Associates)
Tract C-1 of "Saint Francis Hospital Binding Site Plan" according to the plat thereof filed in
Volume 160 of Plats, Pages 44 through 48, inclusive, Records of King County, Washington.
Written by: M.R.B.
Checked by: C.A.F.
\\esm\sys\esm jobs\265\12\document\265122.doc
720 South 348th Street • Federal Way, Washington 98003
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104
LEGAL DESCRIPTIONS
BENEFITED PROPERTIES
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility
Job No. 265-12-940-005
LEGAL DESCRIPTION
(Taxpayer: James E. Hurt)
Tax Parcel Numbers:
926480-0060-02
926480-0070-00
Lots 6 and 7 of "West Campus Business Park" according to the plat thereof filed in Volume 97
of Plats, Pages 78 through 82, inclusive, Records of King County, Washington.
Written by: MRB
Checked by: C.A.F.
N 29294 Q
IONAL •�ty� 5
EXPIRES: /—/8-99
\\esm\sys\esm jobs\265\ l2\document\265121.doc
720 South 348th Street • Federal Way, Washington 98003
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104
ESM inc. 0
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility Tax Parcel Number:
Job No. 265-12-940-005 926480-0010-03
LEGAL DESCRIPTION
(Taxpayer: Waller Road Associates IV)
THAT portion of the northeast quarter of the southwest quarter of Section 20, Township 21
North, Range 4 East, W.M., more particularly described as follows:
COMMENCING at the southwest corner of Lot 2 of "West Campus Business Park"
according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive,
Records of King County, Washington;
THENCE along the westerly line of said Lot 2, N 01'14'49" E, 329.00 feet to the TRUE
POINT OF BEGINNING;
T14ENCE continuing along said easterly line, N 01014'49" E, 168.26 feet;
THENCE S 88026'19" E, 297.60 feet;
THENCE S 0l ° 14'49" W, 14.30 feet;
THENCE S 25002'15" E, 167.76 feet;
THENCE S 71058'57" E, 19.08 feet;
THENCE S 01016'17" W, 1.04 feet;
THENCE N 71°58'57" W, 15.95 feet;
THENCE N 88044'52" W, 374.88 feet to the TRUE POINT OF BEGINNING.
ALSO KNOWN as Lot 1 of unrecorded King County Lot Line Ad•ustmer
8906016, as approved August 31, 1989.
,L R
Written by: MRB ti
Checked by: C.A.F.
N
N
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f:\esm jobs\265\12\document\265123.doc
720 South 348th Street • Federal Way, Washington 980(1?
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911
7
4 2929
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EXPIRES: 7 - 15 - 9 9
• Fax: (206) 838-7104
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No. 6 Detention Facility
Job No. 265-12-940-005
LEGAL DESCRII'TION
(Taxpayer: TSS LLC)
Tax Parcel Number:
202104-9101-06
The south 400.00 feet of the east 100.00 feet of the east half of the west half of the northwest
quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King
County, Washington;
EXCEPT the south 50.00 feet for South 348th Street;
TOGETHER WITH that portion of Lot 4 of "West Campus Business Park" according to the plat
thereof recorded in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County,
Washington, lying northerly and northeasterly of the following described line;
COMMENCING at the northwest corner of said Lot 4;
THENCE southerly along the easterly margin of 9th Avenue South, S 01'21'10" W,
115.00 feet to the TRUE POINT OF BEGINNING;
THENCE S 88039'49" E, 187.69 feet to a point of curvature;
THENCE southeasterly 94.26 feet along the arc of a tangent curve to the right, through a
central angle of 90°00'59" to the easterly line of said Lot 4 AND the terminus of said
line.
ALSO KNOWN as Lot 2 of unrecorded King County Lot Line Adjustment Number 8812010 as
approved May 2, 1989.
Written by: MRB1'
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: ' Wliil'•
Checked by: C.A.F.
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\\esm\sys\esm jobs\265\12\document\2
EXPIRES:
720 South 348th Street • Federal Way, Washington 98003
Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104
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